ALJ Orders Terex to Reinstate 13 Employees, Bargain with Union

MINNEAPOLIS, MN-- Administrative Law Judge David I. Goldman issued a decision ordering A.S.V., Inc. a/k/a Terex to reinstate and provide back pay to 13 workers who were illegally terminated at its Grand Rapids, Minnesota facility following an unsuccessful organizing campaign. Judge Goldman also ordered the employer to recognize and bargain with the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers (Union). Additionally, the Judge found that Terex had threatened employees with plant closure, made other coercive statements, and interrogated employees in order to discourage support of the union. Terex’s Grand Rapids facility manufactures construction equipment in Northern Minnesota.
Due to the severity of the unfair labor practices, Judge Goldman agreed with the Office of the General Counsel that a Gissel bargaining order was warranted, requiring Terex to recognize and bargain with the Union as the assembly employees’ representative. Gissel can be ordered in cases where it is held that a rerun election cannot be freely and fairly conducted due to the nature of unfair labor practices, such as employer threats of closure and illegal employee discharge.
Parties have the right to appeal ALJ decisions to the Board. In the absence of timely exceptions, ALJ decisions are final. The complaint against Terex was issued by the NLRB’s Region 18 office in Minneapolis, which serves Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota.